Virginia Grand Larceny Defense Lawyer

Virginia Grand Larceny Defense Guide

Virginia Grand Larceny Law	What the Commonwealth Must Prove
Grand Larceny Penalties	Property Value
Intent to Steal	Theft From the Person
Theft of a Firearm	Evidence in Grand Larceny Cases
Common Grand Larceny Defenses	Virginia Grand Larceny FAQs

Related Virginia Defense Services

• Virginia Criminal Defense Lawyer
• Virginia Theft and Fraud Lawyer
• Virginia Petit Larceny Lawyer
• Virginia Shoplifting Lawyer
• Virginia Embezzlement Lawyer

Grand Larceny Under Virginia Law

Virginia Code § 18.2-95 defines several circumstances in which larceny is classified as grand larceny. The statute applies not only when the value of ordinary property reaches the felony threshold, but also to certain property taken directly from another person and to theft of a firearm regardless of value. Grand larceny remains a larceny offense, so the Commonwealth must prove more than the fact that property is missing or was found in another person’s possession. Intent, ownership, consent, identification, value, and the circumstances surrounding the alleged taking can all become important.

Under § 18.2-95, grand larceny includes:

• Larceny from the person of another involving money or other property valued at $5 or more;
• Simple larceny not from the person involving goods or property valued at $1,000 or more; and
• Simple larceny of any firearm, regardless of the firearm’s value.

Grand larceny under § 18.2-95 is a felony offense.

What the Commonwealth Must Prove in a Grand Larceny Case

A grand larceny prosecution requires proof of the underlying larceny as well as the facts necessary to establish the felony classification.

Depending on the particular charge, important issues may include whether the Commonwealth can prove:

• A taking of personal property;
• Property belonging to another person;
• A taking without the owner’s consent or other lawful authority;
• Movement or carrying away of the property;
• An intent to permanently deprive the owner of the property;
• The identity of the person who allegedly committed the taking;
• The value necessary to establish grand larceny where value is an element;
• That property was taken from the person when that theory is alleged; or
• That the property was a firearm when the firearm provision is charged.

The Commonwealth bears the burden of proving the criminal charge beyond a reasonable doubt. Evidence that a person possessed property belonging to another does not by itself resolve questions involving intent, ownership, consent, identity, or the circumstances under which the property was obtained.

Penalties for Grand Larceny in Virginia

Virginia Code § 18.2-95 provides that grand larceny may be punished by imprisonment in a state correctional facility for not less than one nor more than 20 years.

The statute also gives the jury, or the court when the case is tried without a jury, discretion to impose confinement in jail for up to 12 months, a fine of up to $2,500, or both.

Although the statute permits that alternative punishment, grand larceny under § 18.2-95 remains a felony offense. A conviction can therefore have consequences beyond the sentence imposed by the court, including effects on employment, professional licensing, security clearances, background checks, and other opportunities.

The actual sentence or disposition depends on the facts of the offense, property value, prior record, restitution or recovery of property, available defenses, mitigation, and other circumstances.

Petit Larceny vs. Grand Larceny in Virginia

For ordinary larceny involving property not taken directly from another person, the $1,000 value threshold generally separates petit larceny from grand larceny.

Property valued at less than $1,000 generally falls within Virginia’s petit-larceny statute, while property valued at $1,000 or more may constitute grand larceny.

Different rules apply when property is taken directly from a person. In that situation, property valued at less than $5 falls within petit larceny, while property valued at $5 or more may constitute grand larceny.

Theft of a firearm is treated as grand larceny regardless of the firearm’s value.

For additional information about misdemeanor theft allegations, see our Virginia Petit Larceny Lawyer page.

Property Value and the $1,000 Grand Larceny Threshold

Property value can be one of the most important issues in a Virginia grand larceny prosecution because it may determine whether an ordinary theft allegation is classified as a misdemeanor or felony.

The relevant question is not necessarily what property originally cost when it was new. Depending on the item and the evidence, the Commonwealth may rely on fair-market value, retail value, purchase price, condition, business records, owner testimony, receipts, appraisals, or other evidence concerning what the property was worth at the time of the alleged theft.

Relevant valuation evidence may include:

• Original purchase price;
• Fair-market value;
• Retail or sale price;
• The age and condition of the property;
• Depreciation;
• Receipts or invoices;
• Business or inventory records;
• Owner or other witness testimony;
• Photographs of the property; and
• Appraisal or comparable-value information where appropriate.

When the alleged value is close to $1,000, the quality of the Commonwealth’s valuation evidence can directly affect whether the prosecution can establish grand larceny rather than petit larceny.

Intent to Steal in a Virginia Grand Larceny Case

Grand larceny generally requires proof of an intent to permanently deprive the owner of the property. The fact that the alleged value is high enough to support a felony charge does not eliminate the Commonwealth’s obligation to prove criminal intent.

Because intent is usually established through surrounding circumstances, relevant evidence may include:

• How the accused came into possession of the property;
• Whether the owner gave permission or authority;
• Statements made before or after the alleged taking;
• Communications between the accused and the owner;
• What happened to the property afterward;
• Attempts to return, sell, conceal, transfer, or dispose of the property;
• Receipts or payment records;
• Video or surveillance evidence; and
• Other evidence explaining why the accused possessed the property.

A mistake, misunderstanding, disputed ownership, claim of right, permission to possess property, or intent to return property may raise issues concerning whether the required intent can be proven.

Grand Larceny From the Person

Virginia’s value threshold is substantially different when property is allegedly taken directly from another person’s possession.

Under § 18.2-95, larceny from the person involving money or another thing of value worth $5 or more constitutes grand larceny. By comparison, ordinary simple larceny not from the person generally requires property valued at $1,000 or more to reach the grand-larceny level.

Whether property was actually taken “from the person” can therefore matter independently of its value. The location of the property, the circumstances of the alleged taking, witness testimony, and the prosecution’s description of the incident should be examined carefully.

Theft of a Firearm and Grand Larceny

Virginia Code § 18.2-95 specifically provides that simple larceny of a firearm is grand larceny regardless of the firearm’s monetary value.

The ordinary $1,000 threshold therefore does not apply when the property allegedly stolen is a firearm. Even a firearm valued at substantially less than $1,000 can support a grand-larceny charge.

A firearm-theft case still requires proof of the underlying larceny. Issues involving ownership, consent, identity, intent, possession, how the firearm was recovered, and statements attributed to the accused may therefore remain important.

Evidence in a Virginia Grand Larceny Case

Grand larceny cases may involve different types of evidence depending on the property involved and how the alleged theft occurred.

Relevant evidence may include:

• Surveillance or cellphone video;
• Witness testimony;
• Photographs of the property;
• Receipts and purchase records;
• Appraisals or valuation records;
• Text messages, emails, or other communications;
• Bank, credit-card, or electronic-payment records;
• Property ownership records;
• Police body-camera footage;
• Statements attributed to the accused;
• Evidence showing where and how property was recovered; and
• Evidence concerning who had access to a vehicle, residence, business, or other location where property was found.

Evidence should be evaluated in context. Property found in a shared vehicle, residence, workplace, or other location does not necessarily establish who possessed it, who placed it there, or whether a particular person knew that the property had been unlawfully taken.

Likewise, proof that property belonged to another person does not by itself establish that the accused took it with the intent required for larceny.

Common Defenses to Virginia Grand Larceny Charges

The appropriate defense depends on the specific facts and evidence. Grand larceny cases may involve disputes concerning intent, identity, ownership, consent, possession, property value, witness credibility, or the manner in which evidence was obtained.

Lack of Intent to Permanently Deprive

Larceny requires criminal intent. Evidence that the accused intended to return the property, mistakenly possessed it, borrowed it, or otherwise lacked an intent to permanently deprive the owner may affect whether the Commonwealth can establish the offense.

Mistaken Identity

The Commonwealth must prove that the accused was the person who committed the alleged theft. Identification may depend on surveillance footage, eyewitness testimony, photographs, vehicle information, electronic records, or other circumstantial evidence.

Consent or Permission

A person who had permission or lawful authority to possess or use property presents different issues from someone who allegedly took property without consent. Disputes concerning the scope or duration of permission may become important.

Claim of Right or Ownership

A genuine, good-faith belief that the accused owned the property or had a legal right to possess it may affect whether the required intent to steal can be proven.

Insufficient Proof of Property Value

When the charge depends on the ordinary $1,000 threshold, the prosecution must establish sufficient value to support the felony classification. Evidence concerning age, condition, depreciation, market value, receipts, and other valuation information should be reviewed carefully.

Proof of Lawful Acquisition

Receipts, payment records, contracts, bills of sale, text messages, electronic transfers, or other records may establish that property was purchased, transferred, borrowed, or otherwise obtained lawfully.

Weak Possession Evidence

Property recovered from a shared residence, vehicle, workplace, storage area, or other location does not necessarily establish that a particular person knowingly possessed or stole it. Access by other people and the circumstances of recovery may become important.

Witness Credibility and Conflicting Evidence

Prior inconsistent statements, incomplete observations, surveillance footage, documents, communications, or other evidence may contradict or weaken a witness’s account.

Statements to Law Enforcement

Body-camera footage, recorded interviews, police reports, and other evidence should be reviewed to determine what the accused actually said and the circumstances under which any statement was made.

Search and Seizure Issues

Some grand larceny investigations involve searches of vehicles, residences, electronic devices, bags, or other property. When evidence was obtained through government action, the legality of the search or seizure and the admissibility of the resulting evidence may become part of the defense.

What to Do After a Grand Larceny Charge

Begin by reviewing the charging documents carefully to determine the exact statute, alleged property, claimed value, court date, and jurisdiction.

Potentially relevant evidence should be preserved, including:

• Receipts or proof of purchase;
• Ownership documents;
• Bank or payment records;
• Photographs or video;
• Text messages, emails, or other communications;
• Documents showing permission to possess or use the property;
• Valuation information;
• Names of potential witnesses; and
• A written timeline of relevant events.

Potentially relevant records should not be altered or deleted. Additional statements to police, investigators, employers, alleged victims, or other people involved in the accusation may later become evidence and should be approached carefully.

Any bond, no-contact, or other court-ordered conditions should be followed while the case is pending.

Can an Old Grand Larceny Conviction Be Sealed?

Virginia law specifically permits certain eligible grand larceny convictions under § 18.2-95 to be considered for petition-based record sealing. Grand larceny is not automatically sealed, and eligibility depends on the final disposition, offense date, criminal history, waiting period, restitution, petition limits, and other statutory requirements.

Because grand larceny is a felony, a conviction can involve both the court record and corresponding criminal history information maintained through the Virginia Central Criminal Records Exchange.

For a detailed explanation of eligibility and the petition process, see our Virginia Grand Larceny Record Sealing guide.

What to Send for a Grand Larceny Case Review

Helpful information may include:

• The warrant, indictment, summons, or other charging document;
• The scheduled court date and jurisdiction;
• A description of the property allegedly taken;
• The value claimed by the Commonwealth or alleged victim;
• Receipts or proof of purchase;
• Ownership or permission documents;
• Photographs or video relating to the allegation;
• Text messages, emails, or other communications;
• Documents or information relevant to property value;
• Names and contact information for potential witnesses; and
• Other paperwork provided by law enforcement, a magistrate, or the court.

Potentially relevant evidence should be preserved in its original form.

Frequently Asked Questions About Virginia Grand Larceny

What is grand larceny in Virginia?

Virginia Code § 18.2-95 generally defines grand larceny as larceny from the person involving money or property valued at $5 or more, simple larceny not from the person involving property valued at $1,000 or more, or simple larceny of a firearm regardless of its value.

Is grand larceny a felony in Virginia?

Yes. Grand larceny under Virginia Code § 18.2-95 is a felony offense. The statute authorizes imprisonment for one to 20 years, although the jury or court trying the case without a jury has discretion to impose confinement in jail for up to 12 months, a fine of up to $2,500, or both.

What is the $1,000 grand larceny threshold in Virginia?

For ordinary simple larceny not from the person of another, property valued at $1,000 or more may constitute grand larceny. Property valued at less than $1,000 generally falls within petit larceny. Different rules apply to property taken from the person and to theft of a firearm.

What if the allegedly stolen property was worth less than $1,000?

For ordinary larceny not from the person, property worth less than $1,000 generally does not satisfy the value threshold for grand larceny and may instead fall within petit larceny. However, different thresholds apply to larceny from the person, and theft of a firearm is grand larceny regardless of value.

Why is larceny from the person treated differently?

Virginia Code § 18.2-95 uses a separate threshold for property taken directly from the person of another. Money or property valued at $5 or more taken from the person may constitute grand larceny even though ordinary property not taken from the person generally requires a value of at least $1,000.

Is theft of a firearm always grand larceny in Virginia?

Under Virginia Code § 18.2-95, simple larceny of any firearm is grand larceny regardless of the firearm’s monetary value.

Does the Commonwealth have to prove that I intended to steal?

Yes. Grand larceny generally requires proof of the criminal intent necessary for larceny. Intent may be established through conduct, statements, possession, communications, and other surrounding circumstances, but the Commonwealth still bears the burden of proving the charge beyond a reasonable doubt.

How does the Commonwealth prove the value of allegedly stolen property?

Value may be established through fair-market value, retail value, purchase price, receipts, owner testimony, business records, condition of the property, appraisals, or other evidence. The sufficiency of the valuation evidence can be especially important when the alleged value is close to the $1,000 threshold.

Can a grand larceny charge be reduced to petit larceny?

Possibly. If the evidence does not establish the value or other circumstances necessary for grand larceny, the classification of the charge may become an issue. Whether a charge is reduced depends on the evidence, applicable law, negotiations, and the circumstances of the case.

Can a Virginia grand larceny charge be dismissed?

Possibly. The outcome depends on the evidence, intent, identification, ownership, consent, property value, witness credibility, constitutional issues, available defenses, and other circumstances. Some cases may present grounds for dismissal or acquittal, while others may be resolved through negotiation or another disposition.

Request a Confidential Case Review

If you are facing a grand larceny charge in Virginia, early review can help determine what the Commonwealth must prove, whether property value, intent, ownership, identification, possession, or other evidence may affect the case, and what defenses or options may be available. Our attorneys represent clients facing grand larceny and other theft charges in courts throughout Virginia. Contact us for a confidential case review and include the exact charge, court date, jurisdiction, and a copy or photograph of the available charging documents.

2/22/2026 | Updated 9/21/2026